4

Click here to load reader

CHICAGO TITLE INSURANCE COMPANY REAL ESTATE · PDF filechicago title insurance company real estate sale contract illinois form a * 1. _____ (purchaser

  • Upload
    vanmien

  • View
    214

  • Download
    2

Embed Size (px)

Citation preview

Page 1: CHICAGO TITLE INSURANCE COMPANY REAL ESTATE  · PDF filechicago title insurance company real estate sale contract illinois form a * 1. _____ (purchaser

CHICAGO TITLE INSURANCE COMPANY

REAL ESTATE SALE CONTRACT ILLINOIS FORM A *

1. _____________________________________________________________________________ (Purchaser) agrees to purchase ata price of $ on the terms set forth herein, the following described real estate in County, Illinois:

(If legal description is not included at time of execution, is authorized to insert thereafter.)commonly known as _____________________________________________________________________, and with approximatelotdimensions of __________________ x __________________, together with the following property presently located thereon: (strikeitems not applicable) (a) storm and screen doors and windows; (b) awnings; (c) outdoor television antenna; (d) wall-to-wall, hallwayand stair carpeting; (e) window shades and draperies and supporting fixtures; (f) venetian blinds; (g) electric, plumbing and otherattached fixtures as installed; (h) water softener; (i) refrigerator(s); (j) range(s); (k) garage door opener with transmitters; (1) radiator covers; (m) indoor and outdoor (1ouvered) shutters; and also

2. (Seller)(Insert names of all owners and their respective spouses)agrees to sell the real estate and the property, if any, described above at the price and terms set forth herein, and to convey or causeto be conveyed to Purchaser or nominee title thereto (in joint tenancy) by a recordable deed, withrelease of homestead rights, and a proper bill of sale, subject only to: (a) covenants, conditions and restrictions of record; (b) private,public and utility easements and roads and highways, if any; (c) party wall rights and agreements, if any; (d) existing leases andtenancies; (e) special taxes or assessments for improvements not yet completed; (f) any unconfirmed special tax or assessment; (g)installments not due at the date hereof of any special tax or assessment for improvements heretofore completed; (h) mortgage or trustdeed specified below, if any; (i) general taxes for the year and subsequent years including taxes which mayaccrue by reason of new or additional improvements during the year(s) ; and to

3. Purchaser has paid $ (and will pay within _____ days the additional sum of $ ) as earnest moneyto be applied on the purchase price, and agrees to pay or satisfy the balance of the purchase price, plus or minus prorations, at thetime of closing as follows: (strike subparagraph not applicable)

(a) The payment of $ _______________________________________________________________________ .(b) The acceptance of the title to the real estate by Purchaser subject to a mortgage (trust deed) of record securing a principal

indebtedness (which the Purchaser [does] [does not] agree to assume) aggregating $ _____ bearing interest atthe rate of ______________% a year, and the payment of a sum which represents the difference between the amount due on theindebtedness at the time of closing and the balance of the purchase price.

4. This contract is subject to the condition that Purchaser be able to procure within __________________ days a firm commitmentfor a loan to be secured by a mortgage or trust deed on the real estate in the amount of $_________________, or such lesser sum asPurchaser accepts, with interest not to exceed % a year to be amortized over years, the commission andservice charges for such loan not to exceed ________________%. If, after making every reasonable effort,Purchaser is unable to procure such commitment within the time specified herein and so notifies Seller thereof within that time, thiscontract shall become null and void and all earnest money shall be returned to Purchaser; provided that if Seller, at his option,within a like period of time following Purchaser's notice, procures for Purchaser such a commitment or notifies Purchaser that Sellerwill accept a purchase money mortgage upon the same terms, this contract shall remain in full force and effect. (Strike paragraph ifinapplicable.).

5. The time of closing shall be on , or 20 days after notice that financing has beenprocured if above paragraph 4 is operative, or on the date, if any, to which such time is extended by reason of paragraph 2 of theConditions and Stipulations hereafter becoming operative (whichever date is later), unless subsequently mutually agreed otherwise,at the office of ____________________________ or of the mortgage lender, if any, provided title is shown to be good or is acceptedby Purchaser.

Page 2: CHICAGO TITLE INSURANCE COMPANY REAL ESTATE  · PDF filechicago title insurance company real estate sale contract illinois form a * 1. _____ (purchaser

6. Seller shall deliver possession to Purchaser on or before days after the sale has been closed. Seller agrees to payPurchaser the sum of $ for each day Seller remains in possession between the time of closingand the time possession is delivered.

7. Seller agrees to pay a broker's commission to in the amount set forth in the broker's listingcontract or as follows: .

8. The earnest money shall be held by ____________________________________________________ for the mutual benefit of theparties.

9. Seller agrees to deliver possession of the real estate in the same condition as it is at the date of this contract, ordinary wear andtear excepted.

10. A duplicate original of this contract, duly executed by the Seller and his spouse, if any, shall be delivered to the Purchaserswithin days from the date below, otherwise, at the Purchaser's option, this contract shall become null and void and the earnestmoney shall be refunded to the Purchaser.

This contract is subject to the Conditions and Stipulations set forth on the following pages hereof, which Conditions and Stipulationsare made a part of this contract.

Dated:

Purchaser: Address:

Purchaser: Address:

Seller: Address:

Seller: Address:*Form normally used for sale of residential property of four or fewer units. ADV. VI. 0 R2/95 F. 3 772

Page 3: CHICAGO TITLE INSURANCE COMPANY REAL ESTATE  · PDF filechicago title insurance company real estate sale contract illinois form a * 1. _____ (purchaser

CONDITIONS AND STIPULATIONS

1. Seller shall deliver or cause to be delivered to Purchaser or Purchaser's agent, not less than 5 days prior to the time of closing, atitle commitment for an owner's title insurance policy issued by the Chicago Title Insurance Company in the amount of the purchaseprice, covering title to the real estate on or after the date hereof, showing title in the intended grantor subject only to (a) the generalexceptions contained in the policy unless the real estate is improved with a single family dwelling or an apartment building of fouror fewer residential units, (b) the title exceptions set forth above, and (c) title exceptions pertaining to liens or encumbrances of adefinite or ascertainable amount which may be removed by the payment of money at the time of closing and which the Seller may soremove at that time by using the funds to be paid upon the delivery of the deed (all of which are herein referred to as the permittedexceptions). The title commitment shall be conclusive evidence of good title as therein shown as to all matters insured by the policy,subject only to the exceptions as therein stated. Seller also shall furnish Purchaser an affidavit of title in customary form covering thedate of closing and showing title in Seller subject only to the permitted exceptions in foregoing items (b) and (c) and unpermittedexceptions, if any, as to which the title insurer commits to extend insurance in the manner specified in paragraph 2 below.

2. If the title commitment discloses unpermitted exceptions, Seller shall have 30 days from the date of delivery thereof to have theexceptions removed from the commitment or to have the title insurer commit to insure against loss or damage that may beoccasioned by such exceptions, and, in such event, the time of closing shall be 35 days after delivery of the commitment or the timespecified in paragraph 5 on the front page hereof, whichever is later. If Seller fails to have the exceptions removed, or in thealternative, to obtain the commitment for title insurance specified above as to such exceptions within the specified time, Purchasermay terminate this contract or may elect, upon notice to Seller within 10 days after the expiration of the 30-day period, to take titleas it then is with right to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount. If Purchaserdoes not so elect, this contract shall become null and void without further actions of the parties.

3. Rents, premiums under assignable insurance policies, water and other utility charges, fuels, prepaid .service contracts, generaltaxes, accrued interest on mortgage indebtedness, if any, and other similar items shall be adjusted ratably as of the time of closing.The amount of the current general taxes not then ascertainable shall be adjusted on the basis of (a), (b), or (c) below (Strikesubparagraphs not applicable):

(a) ___________% of the most recent ascertainable taxes:

(b) The most recent ascertainable taxes and subsequent readjustment thereof pursuant to the terms of reproration letter attachedhereto and incorporated herein by reference.

(c) [Other]

The amount of any general taxes which may accrue by reason of new or additional improvements shall be adjusted as follows:

All prorations are final unless otherwise provided herein. Existing leases and assignable insurance policies, if any, shall then beassigned to Purchaser. Seller shall pay the amount of any stamp tax imposed by State law on the transfer of the title, and shallfurnish a completed Real Estate Transfer Declaration signed by the Seller or the Seller's agent in the form required pursuant to theReal Estate Transfer Tax Act of the State of Illinois and shall furnish any declaration signed by the Seller or the Seller's agent ormeet other requirements as established by any local ordinance with regard to a transfer or transaction tax; such tax required by localordinance shall be paid by the party upon whom such ordinance places responsibility therefor. If such ordinance does not so placeresponsibility, the tax shall be paid by the (Purchaser) (Seller). (Strike one.)

4. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract.

5. If this contract is terminated without Purchaser's fault, the earnest money shall be returned to the Purchaser, but if the terminationis caused by the Purchaser's fault upon notice to the Purchaser, the earnest money shall be forfeited to the Seller and applied first tothe payment of the Seller's expenses and then to payment of broker's commission; the balance, if any, to be retained by the Seller asliquidated damages.

Page 4: CHICAGO TITLE INSURANCE COMPANY REAL ESTATE  · PDF filechicago title insurance company real estate sale contract illinois form a * 1. _____ (purchaser

6. At the election of Seller or Purchaser upon notice to the other party not less than 5 days prior to the time of closing, this sale shallbe closed through an escrow with Chicago Title and Trust Company, in accordance with the general provisions of the usual form ofDeed and Money Escrow Agreement then in use by Chicago Title and Trust Company, with such special provisions inserted in theescrow agreement as may be required to conform with this contract. Upon the creation of such an escrow, anything herein to thecontrary notwithstanding, payment of purchase price and delivery of deed shall be made through the escrow and this contract and theearnest money shall be deposited in the escrow. The cost of the escrow shall be divided equally between Seller and Purchaser. (Strikeparagraph if inapplicable.)

7. Time is of the essence of this contract.

8. All notices herein required shall be in writing and shall be served on the parties at the addresses following their signatures. Themailing of a notice by registered or certified mail, return receipt requested, shall be sufficient service.

9. Purchaser and Seller hereby agree to make all disclosures and do all things necessary to comply with the applicable provisions ofthe Real Estate Settlement Procedures Act of 1974, the Residential Property Disclousure Act of Illinois, and the Residential Lead-Based Paint Hazard Reduction Act of 1992. In the event that either party shall fail to make appropriate disclosure when asked, suchfailure shall be considered a breach on the part of said party.

10. Alternative 1:Seller represents that he is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code and is therefore

exempt from the withholding requirements of said Section. Seller will furnish Purchaser at closing the Exemption Certification setforth in said Section.

Alternative 2:Purchaser represents that the transaction is exempt from the withholding requirements of Section 1445 of the Internal

Revenue Code because Purchaser intends to use the subject real estate as a qualifying residence under said Section and the sales pricedoes not exceed $300,000.

Alternative 3:With respect to Section 1445 of the Internal Revenue Code, the parties agree as follows:

(Strike two of the three alternatives.)